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HELP... Marston Bailiff on my door... With no previous letters from them!!!
kayleighann_2
Posts: 2 Newbie
Marston Bailiff on my door... With no previous letters from them!!!
Hi,
Hopefully sombody might know what i should do...
I had a bailiff turn up at my door whilst i was at work and spoke to my partner, told him i owe them £345 by 7pm that day!
Else she would be back to remove goods!
I did phone her and she said they sent me a letter to my address last month... ( Which i have never recieved!!!)
Which has resulted in her coming personally and putting on a heafty charge
I have since, paid the £45 i owe Directly on the directgov website yesterday and have a reciept and they have also confirmed payment.
The bailiff has said in that case i still owe the £300 charge for their fees...
Told her i am unable to pay, so she said she will come bk with a locksmith!
My questions are...
Can they charge me if i have never seen a previous letter they have so say sent me???
If i had a previous letter the matter would have been delt with before the need for them to come to my address and add on that £300 fee
Can they still enforce a distress warrent even though the original fee has been paid directly to the courts money handling team???
Am i still liable for the £300 fee even though the original debt is now paid, and they didnt actually recover the original debt...???
I came across this in regards to the question above...
Case law says the bailiff is only paid by process of executution. The bailiff did not recover the debt, and he has not done the work. JBW Enforcement Ltd v City of Westminster [2009] EWHC 2697 (QB). The Judge ruled - if he (the bailiff) becomes entitled to charge fees, but does not continue with the execution process, he will not recover them and he cannot sue the debtor for them.
I am also 29 weeks pregnant, i have made the bailiff aware of this... But NOTHING...! That doenst matter she still needs paying!
I phoned the enquires line and the were useless, and said they have proof of posting and that i had to take it up with my local post office as to why i havent had the letter.
I have also Emailed the company for a copy of the letter they so say sent me last month, but i havent had a reply or anything from them yet.
Are they just trying to fob me off so that they can get the £300 fee from me for the bailiff attendance visit???
Any help to get this sorted ASAP as its really starting to worry me now.
Thanks
Hopefully sombody might know what i should do...
I had a bailiff turn up at my door whilst i was at work and spoke to my partner, told him i owe them £345 by 7pm that day!
Else she would be back to remove goods!
I did phone her and she said they sent me a letter to my address last month... ( Which i have never recieved!!!)
Which has resulted in her coming personally and putting on a heafty charge
I have since, paid the £45 i owe Directly on the directgov website yesterday and have a reciept and they have also confirmed payment.
The bailiff has said in that case i still owe the £300 charge for their fees...
Told her i am unable to pay, so she said she will come bk with a locksmith!
My questions are...
Can they charge me if i have never seen a previous letter they have so say sent me???
If i had a previous letter the matter would have been delt with before the need for them to come to my address and add on that £300 fee
Can they still enforce a distress warrent even though the original fee has been paid directly to the courts money handling team???
Am i still liable for the £300 fee even though the original debt is now paid, and they didnt actually recover the original debt...???
I came across this in regards to the question above...
Case law says the bailiff is only paid by process of executution. The bailiff did not recover the debt, and he has not done the work. JBW Enforcement Ltd v City of Westminster [2009] EWHC 2697 (QB). The Judge ruled - if he (the bailiff) becomes entitled to charge fees, but does not continue with the execution process, he will not recover them and he cannot sue the debtor for them.
I am also 29 weeks pregnant, i have made the bailiff aware of this... But NOTHING...! That doenst matter she still needs paying!
I phoned the enquires line and the were useless, and said they have proof of posting and that i had to take it up with my local post office as to why i havent had the letter.
I have also Emailed the company for a copy of the letter they so say sent me last month, but i havent had a reply or anything from them yet.
Are they just trying to fob me off so that they can get the £300 fee from me for the bailiff attendance visit???
Any help to get this sorted ASAP as its really starting to worry me now.
Thanks
0
Comments
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http://www.consumeractiongroup.co.uk/forum/showthread.php?357921-Marston-FPN-from-2008!!-help.(9-Viewing)-nbsp
replies on the consumer action group explain what you have to do
doing that will remove all bailiffs feesI am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites
If you are in any doubt please seek legal/expert advice help0 -
Thread copied from CAB board. Will most likely re-merge responses after the weekend, but please check the other thread to see what has been said there. https://forums.moneysavingexpert.com/discussion/4071663Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
You must follow the advice above, but once that's sorted you need to ask yourself what went wrong. Why on earth do you owe money to the government/courts, didn't you know this before it got to that stage? Does that mean you are in a lot of debt...
If so take some further action and look at posting yours SOA, or other debt details.
Hope all works out well!0
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